Truth Commission: South Africa | United States Institute of Peace Truth Commission: South Africa Truth Commission: Commission of Truth and Reconciliation Duration: 1995 – 2002 Charter: Promotion of National Unity and Reconciliation Act, No. 34 of 1995 Commissioners: 17 Truth Commission: Commission of Truth and Reconciliation (TRC) Dates of Operation: December 1995 – 2002 (7 years; the original mandate ended in 1998 but was extended.) Background: Apartheid was a system of legally enforced racial segregation in South Africa between 1948 and 1990. The National Party that controlled the government formalized and expanded segregationist policies that had existed less formally under colonial rule. Institutionalized racism stripped South African blacks of their civil and political rights and instituted segregated education, health care, and all other public services, only providing inferior standards for blacks and other non-Afrikaans. Internal resistance was met with police brutality, administrative detention, torture, and limitations on freedom of expression. Opposition groups, such as the African National Congress (ANC) and other movements, were banned and were violently repressed.

After a series of international sanctions – and the end of the Cold War – a mostly peaceful transition from the Apartheid system started with a series of negotiations between the government party and the ANC between 1990 and 1993. Democratic elections were held in 1994, and an interim constitution was passed. The Truth and Reconciliation Commission was set up by the newly elected parliament and was endorsed by opposition leader Nelson Mandela and other prominent South African figures. Charter: Promotion of National Unity and Reconciliation Act, No. 34 of 1995 , July 26, 1995. Mandate: The Truth and Reconciliation Commission was created to investigate gross human rights violations that were perpetrated during the period of the Apartheid regime from 1960 to 1994, including abductions, killings, torture. Its mandate covered both violation by both the state and the liberation movements and allowed the commission to hold special hearings focused on specific sectors, institutions, and individuals. Controversially the TRC was empowered to grant amnesty to perpetrators who confessed their crimes truthfully and completely to the commission.

Commissioners and Structure: The TRC was comprised of seventeen commissioners: nine men and eight women. Anglican Archbishop Desmond Tutu chaired the commission. The commissioners were supported by approximately 300 staff members, divided into three committees (Human Rights Violations Committee, Amnesty Committee, and Reparations and Rehabilitation Committee). Report: The commission's report was presented to President Mandela in October 1998. The report was widely disseminated and is available online (select ‘the trc report’ from the left-hand menu). Findings: Conclusions The TRC took the testimony of approximately 21,000 victims; and 2,000 of them appeared at public hearings. The commission received 7,112 amnesty applications. Amnesty was granted in 849 cases and refused in 5,392 cases, while other applications were withdrawn. The work of the Amnesty Committee is available for review on the TRC's home page. Records were systematically destroyed in massive qualities between 1990 and 1994.

The commission reported that the National Intelligence Agency was still destroying records as late as 1996 and that “swathes of official documentary memory, particularly around the inner workings of the apartheid state’s security apparatus, have been obliterated”. The TRC’s report covered the structural and historical background of the violence, individual cases, regional trends, and the broader institutional and social environment of the apartheid system. The final report named individual perpetrators. Recommendations The TRC made detailed recommendations for a reparations program including financial, symbolic and community reparations. The commission proposed that each victim or family should receive approximately $3,500 USD each year for six years. The commission further recommended that South Africa’s society and political system should be reformed to include faith communities, businesses, the judiciary, prisons, the armed forces, health sector, media and educational institutions in a reconciliation process. Prosecution should be considered in cases where amnesty was not sought or was denied, if evidence existed. The commission’s work should be preserved by archiving its documents. Subsequent Developments: Reforms The report of the TRC was fully endorsed by the government. President Mandela apologized to all victims on behalf of the state.

Deputy President Thabo Mbeki, in his capacity as President of the ANC, said that the ANC had “serious reservations” about the TRC’s report. In 2006, after pressure from civil society, the government established a body to monitor the implementation of the TRC's recommendations -- reparations and exhumations in particular. A missing persons taskforce was established to exhume and rebury victims and to continue investigations of disappearances. Prosecutions The TRC subcommittee denied amnesty in numerous cases. However, few trials were actually held. Several high-level members of the former police were convicted for the attempted murder of Reverend Frank Chikane in 1989. The trial of former minister of defense Magnus Malan and nineteen others ended in acquittal. In 2005, the prosecution policy was amended. The National Director of Public Prosecutions was granted wide discretion not to prosecute. In 2008, the Pretoria High Court ruled that the policy was unconstitutional, unlawful and invalid as it would amount to immunity against prosecution for individuals who had not cooperated with or had been denied amnesty by the TRC.

In October 2007, a United States Court of Appeals ruled that it had jurisdiction to hear a case concerning multinational corporations accused of “aiding and abetting” apartheid. In 2007, former President Mbeki instituted a process to grant special pardons in addition to the amnesties granted by the TRC Amnesty Committee. This process has been continued by Mbeki’s successors, Presidents Motlanthe and Zuma. A network of South African civil society organizations is challenging the special pardons process in domestic courts. Reparations There were long delays in the payment of reparations. The amount of reparations paid to 21,000 victims was far lower than the amount recommended. The government refused to release the amount of remaining money reserved for reparations. Special Notes: The TRC had an annual budget of $18 million USD. Its work was widely broadcast on the national television; hour-long episodes on its work as well as live hearings were broadcast every week. Only victims who testified to the TRC were eligible to take part in the reparations program, which led to a significant increase in testimonies. The National Intelligence Agency continued to destroy documents in defiance of two government moratoria on the destruction of records.

Sources: Amnesty International. 2009. Annual Report: South Africa. Available at (accessed January 14, 2010). Amnesty International and Human Rights Watch. Truth and Justice: Unfinished Business in South Africa. London, UK.: International Secretariat, 2003. Available at (accessed July 3, 2008). Benton, Shaun. "New Policy on Apartheid Crimes." BuaNews, 18 January 2006. Available at (accessed August 11, 2008). Boraine, Alex. A Country Unmasked: Inside South Africa's Truth and Reconciliation Commission. Oxford; New York: Oxford University Press, 2000. Center for the Study of Violence and Reconciliation. "Justice in Perspective - Truth and Justice Commission, Africa - South Africa." Available at (accessed June 23, 2008). Confronting the Truth: Truth Commissions and Societies in Transition . Directed by Steve York, York Zimmerman Inc., United States Institute of Peace and International Center on Nonviolent Conflict.

[United States]: York Zimmerman Inc., 2006.] Daley, Suzanne. "In Apartheid Inquiry, Agony is Relived but Not Put to Rest." New York Times, July 17, 1997. Available at (accessed June 11, 2009). Harris, Verne. Telling Truths about the TRC Archive South African History Archive, 2002. (accessed July 3, 2008, no longer available online). Hayner, Priscilla B. "Fifteen Truth Commissions-1974 to 1994: A Comparative Study." Human Rights Quarterly. 16, no. 4 (1994), 597-655. Hayner, Priscilla B. Unspeakable Truths: Facing the Challenge of Truth Commissions. New York: Routledge, 2002. "In-Depth: Justice for a Lawless World? Rights and Reconciliation in a New Era of International Law: SOUTH AFRICA: 10 Years After the Truth Commission: Survivors are Frustrated." IRIN News, 2006.

Available at (accessed August 11, 2008). International Center for Transitional Justice. "South Africa." Available at (accessed May 12, 2011). Simpson, Graeme. "'Truth, Dare Or Promise': Civil Society and the Proposed Commission on Truth and Reconciliation." World Trade Centre, Johannesburg, 1994. Available at (accessed July 3, 2008). "South Africa: More Truth Commission Files Disappear." Mail & Guardian, October 25, 2002, 2002, sec. Africa News. Truth and Reconciliation Commission, South Africa (TRC) | South African history | Britannica.com Truth and Reconciliation Commission, South Africa (TRC) South African history Alternative Titles: TRC, Truth and Reconciliation Committee Britannica Stories Scientists Ponder Menopause in Killer Whales Truth and Reconciliation Commission, South Africa (TRC), courtlike body established by the new South African government in 1995 to help heal the country and bring about a reconciliation of its people by uncovering the truth about human rights violations that had occurred during the period of apartheid .

Its emphasis was on gathering evidence and uncovering information—from both victims and perpetrators—and not on prosecuting individuals for past crimes, which is how the commission mainly differed from the Nürnberg trials that prosecuted Nazis after World War II . The commission released the first five volumes of its final report on Oct. 29, 1998, and the remaining two volumes of the report on March 21, 2003. Members of South Africa’s Truth and Reconciliation Commission—including Dr. Alex Boraine … Benny Gool—Oryx Media/Desmond Tutu Peace Centre Background The unbanning of the liberation movements and opposition political parties in 1990 by Pres. F.W. de Klerk , the release from prison of Nelson Mandela , and the lifting of the state of emergency in South Africa paved the way for a negotiated peace settlement between the apartheid regime and those who fought against it and brought an end to the struggle against colonialism and apartheid that had lasted in South Africa for more than 300 years. The negotiations resulted in the establishment of a date for the country’s first democratic elections and for an interim constitution to be enacted.

A major obstacle to finalizing the interim constitution was the question of accountability for those guilty of gross human rights violations during the years of apartheid. It became clear during the negotiations that the political right and many in the security forces were not loyal to President de Klerk and posed a major threat to stability in the country. They demanded that President de Klerk issue them a blanket amnesty for past actions. The dominant view among the liberation movements at the time, however, was that there should be accountability for past crimes, along the lines of the Nürnberg trials. Connect with Britannica Facebook Twitter YouTube Instagram Pinterest Those negotiating for the apartheid regime insisted that a guarantee of general amnesty be written into the interim constitution. Without it, it is unlikely that the apartheid government would have given up power. The strength of the amnesty deal was that it was part of a package of initiatives contained in the interim constitution that set the country on the road to becoming a democratic, constitutional state. This included a strong and justiciable bill of rights. The terms of the amnesty were to be decided on by the country’s first democratically elected government once elected in 1994.

Establishment and mandate of the commission South Africa: The Truth and Reconciliation Commission The Truth and Reconciliation Commission (TRC) was born of a spirit of public participation, as the new government solicited the opinions of South Africans and the international community regarding the issue of granting amnesty as well as the issue of accountability in respect to past violations and reparations for victims. Civil society, including human rights lawyers, the religious community, and victims, formed a coalition of more than 50 organizations that participated in a public dialogue on the merits of a truth commission. This consultative process lasted a year and culminated in the legislation, the Promotion of National Unity and Reconciliation Act 34 of 1995 (the Act), that established the TRC. The Act provided for the establishment of a TRC made up of 17 commissioners. The commission was tasked with investigating human rights abuses committed from 1960 to 1994, including the circumstances, factors, and context of such violations; allowing victims the opportunity to tell their story; granting amnesty; constructing an impartial historical record of the past; and drafting a reparations policy.

Finally, the TRC would compile a final report, providing comprehensive accounts of the activities and findings of the commission together with recommendations of measures to prevent future violations of human rights. Hatshepsut In order to achieve these objectives, the Act established three committees: the Human Rights Violations Committee, the Reparations and Rehabilitation Committee, and the Amnesty Committee. The commissioners were selected through an open countrywide nomination process and publicly interviewed by an independent selection panel comprising representatives of all the political parties, civil society, and the religious bodies in the country. Nelson Mandela, then president of South Africa, appointed Archbishop Desmond Tutu as the chair of the commission and Alex Boraine as the deputy chair. Britannica Lists & Quizzes Editor Picks: Exploring 10 Types of Basketball Movies The primary focus of the commission was on victims. It received more than 22,000 statements from victims and held public hearings at which victims gave testimony about gross violations of human rights, defined in the Act as torture, killings, disappearances and abductions, and severe ill treatment suffered at the hands of the apartheid state.

Those who had suffered violations at the hands of the liberation movements—by members and leaders of such groups as the African National Congress , the Inkatha Freedom Party , and the Pan-Africanist Congress —also appeared before the commission. The commission received more than 7,000 amnesty applications, held more than 2,500 amnesty hearings, and granted 1,500 amnesties for thousands of crimes committed during the apartheid years. An important feature of the TRC was its openness and transparency. The public hearings held by the TRC ensured that South Africans became aware of the atrocities that had been committed during the apartheid years. Challenges and limitations The TRC was confronted by a number of challenges, as it was not accepted by all parties to the conflict. The top echelons of the military did not cooperate with the commission. It was mainly the foot soldiers in the security forces and those who were already imprisoned or were facing charges who applied for amnesty. Senior politicians in the former government and senior leaders in the security forces did not apply.

In the case of the liberation movements, the members argued that as they had conducted a “just war,” they were not required to apply for amnesty because their actions did not constitute gross violations of human rights. It took considerable effort to persuade them to participate in the amnesty process. Trending Topics Opium Wars A key weakness of the commission was that it did not focus sufficiently on the policies or political economy of apartheid. The failure to examine the effect and impact of apartheid’s policies resulted in the need for the perpetrators, or the “trigger-pullers,” to bear the collective shame of the nation and let those who benefitted from apartheid to escape responsibility. The link between racialized power and racialized privilege became obscured. The legacy of the commission was also compromised as the post-Mandela government was slow to implement the TRC’s recommendations, including the reparations program. By the end of the first decade of the 21st century, few of the commission’s recommendations had been implemented , and there had been few prosecutions of individuals who failed to apply for amnesty or who were refused amnesty by the TRC.

Furthermore, a number of high-ranking officials from the security forces, including former minister of law and order Adriaan Vlok, were given suspended sentences through a plea-bargain process under new prosecutorial guidelines ostensibly meant to facilitate prosecutions. The failure to prosecute disillusioned many victims and encouraged the view that the government had strengthened impunity and that the beneficiaries of apartheid had escaped accountability for their actions. Assessment Despite these challenges and limitations, the TRC was internationally regarded as successful and showed the importance of public participation in such processes, including the initial decision-making process leading up to the establishment of a truth commission . The hearings of the TRC attracted global attention, as it was the first commission to hold public hearings in which both victims and perpetrators were heard. While amnesties are generally considered inconsistent with international law, the South African TRC provided some basis for considering conditional amnesties as a useful compromise, particularly if they help to secure perpetrator confessions. The South African TRC represented a major departure from the approach taken at the Nürnberg trials. It was hailed as an innovative model for building peace and justice and for holding accountable those guilty of human rights violations. At the same time, it laid the foundation for building reconciliation among all South Africans.

Many other countries dealing with postconflict issues have instituted similar methodologies for such commissions, although not always with the same mandate . The South African TRC has provided the world with another tool in the struggle against impunity and the search for justice and peace. More about Truth and Reconciliation Commission, South Africa (TRC) 6 References found in Britannica Articles Assorted References South African Truth Commission | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute FAQ South African Truth Commission The dismantling of South African apartheid culminated in a multi-racial democratic election in 1994. ANC leader Nelson Mandela became president, and an interim constitution was drafted and enacted.[1] After the 1994 elections, an integrated South African legislature enacted a series of laws to facilitate the transition away from the apartheid regime.

The Promotion of National Unity and Reconciliation Act of 1995 (Unity Act)[2] established a Truth and Reconciliation Commission (TRC or Commission) to investigate gross human rights violations[3] perpetrated by both state actors and members of liberation movements[4] between 1960 and 1994, the period of legalized apartheid.[5] Nelson appointed Archbishop Desmond Tutu, a Nobel Peace Prize winner who had advocated nonviolent resistance to apartheid, as chairperson.[6] The Commission had an annual budget of about $18 million U.S., funded by South African taxpayers and international donors.[7] The TRC commenced operations in 1995 and published the first five volumes of its report in 1998.[8] The Amnesty Committee continued operations through 2001, publishing the sixth volume in 2003.[9] Committees The Committee on Human Rights Violations was authorized to take, investigate, and verify victim testimony.[10] The Committee consisted of a chairperson, at least two commissioners, and not more than three other members, all appointed by the Commission.[11] The Committee took the testimony of over 21,000 victims,[12]

 with 2,000 giving testimony at public hearings[13] widely disseminated on television, radio, and in print.[14] The Amnesty Committee was authorized to grant or refuse amnesty to individuals who committed human rights abuses.[15] The Committee consisted of a chairperson, who had to be a judge,[16] a vice chair, two commissioners, and one other “appropriately qualified” South African, all appointed by the President after consultation with the Commission.[17] See “Amnesty Program” subsection below.

The Reparation and Rehabilitation Committee was authorized to develop reparation and rehabilitation policy recommendations for the new South African government.[18] The Committee consisted of a chairperson, who was also a commissioner, a vice-chair, who was also a commissioner, and up to 5 other members, all appointed by the Commission.[19] See “Reparations Program” subsection below.

The Unity Act required the TRC to make recommendations for a witness protection program[20] and to ensure that the identity of vulnerable witnesses remain concealed.[21] The Report provides little information on how many witnesses participated in this program, but by one third-party estimate over 100 state witnesses were given protection after testifying against former police colonel Eugene de Kock.[22] While there is no record of retaliatory violence against victims or amnesty applicants,[23] an extensive 1998 survey workshop administered by the Center for the Study of Violence and Reconciliation found that applicants and victims did feel endangered during and after their participation at the Commission.[24] The TRC Report also found that government records, including documentary evidence of the workings of the security apparatus, were destroyed in massive quantities between 1990 and 1994.[25] The National Intelligence Agency continued destruction of records through 1996 in defiance of two government orders to cease and desist.[26] While these efforts complicated the Commission’s mission, the report asserts that they did not preclude a clear view of apartheid.[27] Mandela’s government fully endorsed the reports and apologized on behalf of the state.[28] The

 government later failed, however, to implement many of the TRC Report’s recommendations, particularly in the area of reparations.[29] ANC President Thabo Mbeki felt that the 2003 Report was too critical of the government’s response,[30] but public opinion sided with the Commission.

The government established a monitoring body in 2006 to ensure that recommendations were implemented, especially those related to reparations and exhumations.[31] Amnesty Program Before the Amnesty Committee granted amnesty, an amnesty application was submitted by the applicant and then reviewed, investigated, and granted/rejected by the Amnesty Committee.[32] A successful application had to meet the following criteria: A violation of human rights must have occurred.

Less serious crimes would not be forgiven.[33] The act had to occur within the specified time period (1960-1994).[34] The violation had to be “associated with a political objective.”[35] As part of this criterion, the applicant had to be an affiliate of one of the political parties to the conflict, e.g., NP or ANC.[36] To determine whether the act was political, the Committee could consider the motive, objective, whether it was directed against the state or an individual, whether it was committed on behalf of a political organization, and the proportional relationship between the act and the political objective.[37] The applicant had to admit fault (possibly with an excuse/justification like self-defense).[38] The applicant had to make a “full disclosure of all the relevant facts.”[39] Amnesty had significant legal consequences. Any pending legal proceedings were terminated,[40] and those serving a sentence for the forgiven act were immediately released.[41] Any criminal record of the offense was also expunged.[42] Amnesty resulted in immunity against both criminal and civil liability,[43] but civil judgments that had already been granted for the forgiven act were not reversed.

Amnesty afforded transactional immunity, unless the Committee later discovered that the applicant had failed to make full disclosure.[44] Furthermore, the names of those granted amnesty were made public.[45] While NP had argued for blanket immunity during negotiations on the establishment of the Commission, the Unity Act eventually provided for case-by-case determinations of individual amnesty.[46] The Committee received over 7,000 amnesty applications, granting 849 and rejecting 5,392.[47] The Commission’s Final Report named individual perpetrators and formally recommended that prosecution be considered for those denied amnesty, when evidence existed.[48] South Africa’s amnesty program is the broadest in history among comparable truth commissions, and many believe that amnesty has helped with the reconciliation process. Full disclosure provided a semblance of accountability and promoted reconciliation through apology. Moreover, the Commission was arguably in the best position to rule on amnesty, since it had the best information and verification procedures.

Legal Relationship between TRC and Domestic Legal System The TRC operated outside South Africa’s domestic legal system, but the Amnesty Committee’s amnesty decisions were binding on domestic courts.[49] The Commission had powers of subpoena, search, and seizure enforced by domestic law enforcement officials.[50] Subpoenaed individuals were entitled to legal counsel, but they had to answer questions truthfully, even if such answers were self-incriminating.[51] Information and evidence obtained by the TRC during amnesty proceedings, however, whether by testimony or by subpoena, was not admissible in domestic courts.[52] While 5,392 amnesty applications were rejected, few of these individuals were later prosecuted.[53] Several high-level former police officials were convicted for the 1989 attempted murder of Reverend Frank Chikane, while former Defense Minister Magnus Malan and 19 affiliates were acquitted.[54] Thousands of other rejected applicants remained untouched.

A new National Prosecution Policy enacted in December 2005 gave the National Director of Public Prosecutions wide discretion not to prosecute.[55] In December 2008, however, the High Court in Pretoria struck down this law, allowing prosecutions to continue.[56] Reparations Program TRC’s Reparation and Rehabilitation Committee was tasked with making recommendations on reparations to victims. The 1998 report made extensive recommendations for financial, symbolic, and community reparations.[57] The Committee decided that only those who testified to the TRC about their harm were eligible for reparations, a decision that significantly increased the number of testimonies.[58] The Committee recommended that each victim or family receive approximately $3,500 USD each year for six years, for an aggregate grant of $640 million.[59] Because degrees of suffering would be difficult to price, the committee recommended the same reparation for each individual.[60] South Africa had one of the strongest economies on the African continent, so these reparations would amount to about 0.25% of annual GDP.

Moreover, the Committee found that some corporations were unjustly enriched by apartheid.[61] Taxes on the public and on these beneficiaries would fund the reparations.[62] After delays, the South African government made a modest one-time payment to 21,000 victims that was far lower than what the Committee recommended.[63] [1] See United States Institute of Peace, Truth Commission: South Africa, United States Institute of Peace Web site, available at . Hereafter USIP. [2] Promotion of National Unity and Reconciliation Act (South Africa, 1995), available at . Hereafter Unity Act. [3] Unity Act Preamble. [6] See USIP, footnote 1 above. [7] Id.; 1 Final Report 300. [8] Truth and Reconciliation Committee of South Africa, Final Report, vols. 1-5 (1998), hereafter 1-5 Final Report. [9] Truth and Reconciliation Committee of South Africa, Report of the Amnesty Committee (2003), hereafter 6 Final Report. [10] Unity Act ch. 3. [11] Id. § 13.

[12] 2 Final Report 1. [13] USIP, footnote 1 above. [14] 1 Final Report 352-363. [15] Unity Act ch. 4. [16] The Act defines “judge” as that defined by § 1(1) or § 3 of the Judges’ Remuneration and Conditions of Employment Act (1989). Id. § 17(3). [17] Id. at § 17. [18] Unit Act ch. 5. [19] §24 [20] Unity Act § 35. [21] Unity Act § 33(2)(b). [22] Paul van Zyl, Dilemmas of Transitional Justice: The Case of South Africa’s Truth and Reconciliation Commission, 52 Journal of International Affairs (1999). [23] But see 6 Final Report 343 (“IFP applicants who made allegations of intimidation were found to be in genuine danger and were placed in witness protection programmes”).

[24] Center for the Study of Violence and Reconciliation, Survivors' Perceptions of the Truth and Reconciliation Commission and Suggestions for the Final Report (1998), available at . [25] E.g., 2 Final Report 1-2. [26] Mail & Guardian, South Africa: More Truth Commission Files Disappear (October 25, 2002). [27] 2 Final Report 2. [28] Nelson Mandela, Statement on receiving the report of the TRC (October 29, 1998), available at 6 Final Report 96. [30] Thabo Mbeki, Statement to the National Houses of Parliament and the Nation (April 15, 2003), available at . [31] USIP, footnote 1 above. [32] 6 Final Report 17-35. [33] 6 Final Report 7. [34] 6 Final Report 8. [35] Unity Act § 17; 6 Final Report 8. [36] Unity Act § 20(2).

[38] 6 Final Report 7. [39] Unity Act § 17; 6 Final Report 10. [40] Unity Act § 20(8)(a). [42] Id. at §20(10). [43] Id. at §20(7)(a), [44] 6 Final Report 10. The Final Report makes no mention of such a reversal actually occurring. [45] Id. at §20(6). [46] 1 Final Report 52. [47] 6 Final Report 19; USIP, footnote 1 above. The rest of the applications were withdrawn by applicants. Id. [48] 6 Final Report Section 3. [49] Id. at 14. [50] Unity Act § 29; 1 Final Report 54. [51] Unity Act § 34; 1 Final Report 334, 349. [52] Unity Act § 31(3). [53] IRIN News, In-Depth: Justice for a Lawless World?

Rights and reconciliation in a new era of international law (2006), available at . [54] USIP, footnote 1 above. [55] Shaun Benton, New Policy on Apartheid Crimes, South Africa.info (January 26, 2006), available at . [56] Comfort Euro, Court Clears Way for Prosecution of Cases from Apartheid Era in South Africa, New Liberian (May 5, 2009), available at . [57] 5 Final Report 170-176. [58] Id. at 175. Truth and Reconciliation Commission (TRC) | South African History Online South African History Online Home » Truth and Reconciliation Commission (TRC) Truth and Reconciliation Commission (TRC) Related articles Archbishop Emeritus Mpilo Tutu Truth and Reconciliation Commission Logo The Truth and Reconciliation Commission (TRC) was a court-like body assembled in South Africa after the end of Apartheid. Anybody who felt they had been a victim of violence could come forward and be heard at the TRC. Perpetrators of violence could also give testimony and request amnesty from prosecution.

The formal hearings began on 15 April 1996. The hearings made international news and many sessions were broadcast on national television. The TRC was a crucial component of the transition to full and free democracy in South Africa and, despite some flaws, is generally regarded as very successful. Creation and Mandate The TRC was set up in terms of the Promotion of National Unity and Reconciliation Act , No 34 of 1995, and was based in Cape Town. The mandate of the commission was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, reparation and rehabilitation.

The TRC has a number of high profile members: Archbishop Desmond Tutu (chairperson), Dr Alex Boraine (Deputy Chairperson), Mary Burton, Advocate Chris de Jager, Bongani Finca, Sisi Khampepe, Richard Lyster, Wynand Malan, Reverend Khoza Mgojo, Hlengiwe Mkhize, Dumisa Ntsebeza (head of the Investigative Unit), Wendy Orr, Advocate Denzil Potgieter, Mapule Ramashala, Dr Faizel Randera, Yasmin Sooka and Glenda Wildschut. Eunice Miya being comforted at the TRC hearings. (Photo: Iris Films) Committees The work of the TRC was accomplished through three committees: Human Rights Violations (HRV) Committee investigated human rights abuses that took place between 1960 and 1994. Reparation and Rehabilitation (R&R) Committee was charged with restoring victims' dignity and formulating proposals to assist with rehabilitation. Amnesty Committee (AC) considered applications for amnesty that were requested in accordance with the provisions of the Act.

In theory the commission was empowered to grant amnesty to those charged with atrocities during Apartheid as long as two conditions were met: The crimes were politically motivated and the entire and whole truth was told by the person seeking amnesty. No one was exempt from being charged. As well as ordinary citizens, members of the police could be charged and, most notably, members of the African National Congress, the ruling party at the time of the trial, could also be charged. 5392 people were refused amnesty and 849 were granted amnesty, out of 7112 petitioners (there were a number of additional categories, such as withdrawn ). Findings The commission brought forth many witnesses giving testimony about the secret and immoral acts committed by the Apartheid Government, the liberation forces including the ANC, and other forces for violence that many say would not have come out into the open otherwise. On October 28, 1998 the Commission presented its report, which condemned both sides for committing atrocities. Audience members at the TRC hearing in Port Elizabeth, South Africa.

(Photo: Iris Films) SAHA & WITS special TRC project The South African History Archive (SAHA) and Historical Papers (Library, University of the Witwatersrand, Johannesburg) have undertaken a joint digital archive initiative, sponsored by the Atlantic Philanthropies Foundation, to develop a non-commercial digital and electronic archive of material from assorted media relating to the work of South Africa's Truth and Reconciliation Commission (TRC), available over the Internet. Our aim is to make available to scholars and researchers worldwide TRC material, which would otherwise be difficult to locate and access... read on The South African History Archive (SAHA) and Historical Papers (Library, University of the Witwatersrand, Johannesburg ) are pleased to announce that another output from the same initiative is now available online. From the following URL, you can access a digital copy of our Guide to Archival Sources relating to the South African Truth and Reconciliation Commission: Further Reading 9 Facts: South Africa's Truth and Reconciliation Commission | News | teleSUR English 9 Facts: South Africa's Truth and Reconciliation Commission Comments - Hope of justice after the apartheid in South Africa has faded as the country marks the 20th anniversary of the creation of the TRC.

Twenty years ago, hope of justice was given to the embattled Indigenous or original people of South Africa as the country's Truth and Reconciliation Commission was created with the aime of healing a nation traumatized by the horrors of apartheid. However, today, hundreds of political crimes including murder, kidnapping and torture continue in impunity, and those who were falsely given hope now blame the post-apartheid government for the lack of justice. ANALYSIS: Steve Biko: Remembering South Africa's Black Liberation Hero The 1995 Promotion of National Unity and Reconciliation Act, which set up the commission, states that the commission's main objectives are to investigate and provide a complete a picture of the nature, causes and extent of gross violations of human rights. The commission's first public hearing was on April 15, 1996 – two years after the white minority rule ended – in a town hall in the coastal city of East London, TRC chairman and Nobel peace laureate Archbishop Desmond Tutu lit a candle, and the shocking testimony of atrocities committed during apartheid began. 1. Creation When created, the commission offered amnesty in exchange for full disclosure of police officers, soldiers and ministers. 2.

Revolutionary Concept The truth commission was at the time of its creation a revolutionary concept and it has since been replicated in various other countries. 3. Amnesty Applications The TRC received 7,000 amnesty applications between 1996 and 1998, but granted only about 1,000. 4. Cases for Prosecution More than 300 cases were recommended for prosecution after amnesty was denied, however, currently many of those remain unpunished. 5. Committees 5. The TRC is subdivided into three committees: a) Human rights violations c) Amnesty 6. Objective The TRC was set up to investigate all crimes against the Black population between March 1, 1960 until May 10, 1994, the day President Nelson Mandela was sworn in. 7. Testimonies The TRC heard the testimonies of about 21,000 victims of apartheid. 8. Completion of Work The commission completed their work on July 31, 1998, except for ongoing amnesty investigations, which continued until June of 1999. 9.

The Report The TRC published a 3,500-page report of findings in October 1998, marking the end of its work.

Question: Who chaired South Africa’s Truth and Reconciliation Commission from 1995 – 1998?
Answer: ARCHBISHOP DESMOND TUTU